B-43385, AUGUST 16, 1944, 24 COMP. GEN. 131

B-43385: Aug 16, 1944

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ARE ON AN ANNUAL BASIS AND. WHEREBY ONE-THIRTIETH OF THE MONTHLY PAY IS ALLOWED FOR EACH DAY OF SERVICE. IS NOT PAYABLE TO A NAVY OFFICER FOR TEMPORARY SUBMARINE DUTY PERFORMED ON THE THIRTY-FIRST DAY OF THE MONTH. WHETHER THE DUTY WAS FOR THAT DAY ALONE OR FOR MORE THAN ONE DAY INCLUDING THE THIRTY-FIRST. IS PAYABLE TO A NAVY OFFICER WHO PERFORMS TEMPORARY SUBMARINE DUTY ON THE LAST DAY OF FEBRUARY IN OTHER THAN A LEAP YEAR. REQUESTING DECISION RESPECTING CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH A DETERMINATION OF THE SUBMARINE DUTY AND SEA DUTY PAY LEGALLY AUTHORIZED TO BE PAID CAPTAIN ALLAN R. THE LETTER FROM THE ACTING CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS. ON 31 MAY 1944 IS ILLUSTRATIVE OF ONE TYPE OF CASE ON WHICH A DECISION OF THE COMPTROLLER GENERAL BE REQUESTED TO RENDER A DECISION AS TO THE CREDIT OF SUBMARINE PAY AND/OR PERCENTAGE INCREASES FOR SEA DUTY WHICH SHOULD BE MADE UNDER THE CIRCUMSTANCES SET FORTH BELOW: (A) IF THE OFFICER PERFORMS TWO DAY'S TEMPORARY DUTY ABOARD A SUBMARINE ON THE 30TH AND 31ST DAY OF A GIVEN MONTH.

B-43385, AUGUST 16, 1944, 24 COMP. GEN. 131

PAY - SEA DUTY; SUBMARINE DUTY - THIRTY-FIRST DAY OF MONTH; FEBRUARY THE PERCENTUM INCREASES IN BASE PAY FOR SEA AND SUBMARINE DUTY PROVIDED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942, AND THE ACT OF AUGUST 4, 1942, RESPECTIVELY, ARE ON AN ANNUAL BASIS AND, THEREFORE, SHOULD BE COMPUTED UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, IN ACCORDANCE WITH THE RULES ENUNCIATED BY THE COMPTROLLER OF THE TREASURY (23 COMP. DEC. 793), WHEREBY ONE-THIRTIETH OF THE MONTHLY PAY IS ALLOWED FOR EACH DAY OF SERVICE, NOT COUNTING THE THIRTY-FIRST DAY OF THE MONTH, BUT COUNTING THE LAST DAY OF FEBRUARY AS THREE DAYS (TWO DAYS IN LEAP YEARS) FOR PAY PURPOSES. IN VIEW OF THE PROVISION IN SECTION 6 OF THE ACT OF JUNE 30, 1906, EXCLUDING THE THIRTY-FIRST DAY OF THE MONTH FROM THE COMPUTATION OF THE PAY OF PERSONS PAID ON AN ANNUAL OR MONTHLY BASIS, THE ADDITIONAL PAY FOR SEA OR SUBMARINE DUTY AUTHORIZED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 AND THE ACT OF AUGUST 4, 1942, RESPECTIVELY, IS NOT PAYABLE TO A NAVY OFFICER FOR TEMPORARY SUBMARINE DUTY PERFORMED ON THE THIRTY-FIRST DAY OF THE MONTH, WHETHER THE DUTY WAS FOR THAT DAY ALONE OR FOR MORE THAN ONE DAY INCLUDING THE THIRTY-FIRST. IN VIEW OF THE PROVISION IN SECTION 6 OF THE ACT OF JUNE 30, 1906, THAT FOR PURPOSES OF COMPUTING THE PAY OF PERSONS PAID ON AN ANNUAL OR MONTHLY BASIS, FEBRUARY SHALL BE TREATED AS IF IT ACTUALLY HAD THIRTY DAYS, AND THE RULES ENUNCIATED BY THE COMPTROLLER OF THE TREASURY IN CONNECTION THEREWITH (23 COMP. DEC. 793), THREE DAYS' ADDITIONAL PAY FOR SEA AND SUBMARINE DUTY AUTHORIZED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 AND THE ACT OF AUGUST 4, 1942, RESPECTIVELY, IS PAYABLE TO A NAVY OFFICER WHO PERFORMS TEMPORARY SUBMARINE DUTY ON THE LAST DAY OF FEBRUARY IN OTHER THAN A LEAP YEAR.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, AUGUST 16, 1944:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 18, 1944 (REFERENCE JAG:II:WJG:Z 100 MCCANN, ALLAN R./L16-4), TRANSMITTING A LETTER DATED JULY 13, 1944, FROM THE ACTING CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AND REQUESTING DECISION RESPECTING CERTAIN QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH A DETERMINATION OF THE SUBMARINE DUTY AND SEA DUTY PAY LEGALLY AUTHORIZED TO BE PAID CAPTAIN ALLAN R. MCCANN, USN, UNDER THE CIRCUMSTANCES HEREINAFTER SET FORTH.

THE LETTER FROM THE ACTING CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS, IN PERTINENT PART, AS FOLLOWS:

LETTER

4. THE CASE OF CAPT. ALLAN R. MCCANN, USN, WHO PURSUANT TO THE DIRECTIVE CONTAINED IN THE ORIGINAL OF ENCLOSURE (A) PERFORMED ONE DAY'S TEMPORARY DUTY ABOARD THE U.S.S. SEA CAT, A SUBMARINE IN COMMISSION, ON 31 MAY 1944 IS ILLUSTRATIVE OF ONE TYPE OF CASE ON WHICH A DECISION OF THE COMPTROLLER GENERAL BE REQUESTED TO RENDER A DECISION AS TO THE CREDIT OF SUBMARINE PAY AND/OR PERCENTAGE INCREASES FOR SEA DUTY WHICH SHOULD BE MADE UNDER THE CIRCUMSTANCES SET FORTH BELOW:

(A) IF THE OFFICER PERFORMS TWO DAY'S TEMPORARY DUTY ABOARD A SUBMARINE ON THE 30TH AND 31ST DAY OF A GIVEN MONTH.

(B) IF THE OFFICER PERFORMS ONE DAY'S TEMPORARY DUTY ABOARD A SUBMARINE ON THE 31ST DAY OF A GIVEN MONTH.

(C) IF THE OFFICER PERFORMS ONE DAY'S TEMPORARY DUTY ABOARD A SUBMARINE ON THE 28TH DAY OF FEBRUARY ON OTHER THAN A LEAP YEAR.

(D) IF THE OFFICER PERFORMS TWO DAY'S TEMPORARY DUTY ON A SUBMARINE FROM 28 FEBRUARY TO 1 MARCH, INCLUSIVE, ON OTHER THAN A LEAP YEAR.

(E) IF THE OFFICER REPORTS FOR DUTY ON BOARD A SUBMARINE ON 16 MAY 1944 AND IS DETACHED ON 1 JUNE 1944.

SEC. 2. THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY AS SUCH DUTY MAY BE DEFINED BY THE HEAD OF THE DEPARTMENT CONCERNED, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, WHICH INCREASES IN PAY SHALL BE IN ADDITION TO PAY AND ALLOWANCES OTHERWISE AUTHORIZED: PROVIDED, THAT THE PERCENTUM INCREASES HEREIN AUTHORIZED SHALL BE INCLUDED IN COMPUTING INCREASES IN PAY FOR AVIATION AND SUBMARINE DUTY: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE FROM DECEMBER 7, 1941, AND SHALL CEASE TO BE IN EFFECT TWELVE MONTHS AFTER THE TERMINATION OF THE PRESENT WAR IS PROCLAIMED BY THE PRESIDENT.

THE ACT OF AUGUST 4, 1942, 56 STAT. 736, SO FAR AS HERE MATERIAL, PROVIDES:

ALL OFFICERS AND ENLISTED MEN OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY, INCLUDING SUBMARINES UNDER CONSTRUCTION FOR THE NAVY FROM THE TIME BUILDERS' TRIALS COMMENCE SHALL, WHILE SO SERVING, RECEIVE 50 PERCENTUM ADDITIONAL OF THE PAY FOR THEIR RANK OR RATING AND SERVICE AS NOW OR HEREAFTER PROVIDED BY LAW * * *.

UNDER THE PROVISIONS OF THE SAID PAY READJUSTMENT ACT OF 1942, THE PAY OF MILITARY, NAVAL, ETC., PERSONNEL IS ON AN ANNUAL BASIS. HENCE, THE PERCENTUM INCREASES IN THE "BASE PAY" OR PAY "PROVIDED BY LAW" REFERRED TO IN THE ABOVE-QUOTED PROVISIONS, UNQUESTIONABLY ARE ON AN ANNUAL BASIS, AND, THEREFORE, IN THE COMPUTATION OF SUCH ADDITIONAL PAY THERE ARE FOR APPLICATION THE PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763 (5 U.S.C. 84), WHICH READ AS FOLLOWS:

HEREAFTER, WHERE THE COMPENSATION OF ANY PERSON IN THE SERVICE OF THE UNITED STATES IS ANNUAL OR MONTHLY THE FOLLOWING RULES FOR DIVISION OF TIME AND COMPUTATION OF PAY FOR SERVICES RENDERED ARE HEREBY ESTABLISHED: ANNUAL COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; AND IN MAKING PAYMENTS FOR A FRACTIONAL PART OF A MONTH ONE-THIRTIETH OF ONE OF SUCH INSTALLMENTS, OR OF A MONTHLY COMPENSATION, SHALL BE THE DAILY RATE OF PAY. FOR THE PURPOSE OF COMPUTING SUCH COMPENSATION IN CONNECTION WITH ANNUAL OR MONTHLY COMPENSATION, EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF THIRTY DAYS, WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE THIRTY-FIRST OF ANY CALENDAR MONTH FROM THE COMPUTATION AND TREATING FEBRUARY AS IF IT ACTUALLY HAD THIRTY DAYS. ANY PERSON ENTERING THE SERVICE OF THE UNITED STATES DURING A THIRTY-ONE DAY MONTH AND SERVING UNTIL THE END THEREOF, SHALL BE ENTITLED TO PAY FOR THAT MONTH FROM THE DATE OF ENTRY TO THE THIRTIETH DAY OF SAID MONTH, BOTH DAYS INCLUSIVE; AND ANY PERSON ENTERING SAID SERVICE DURING THE MONTH OF FEBRUARY AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO ONE MONTH'S PAY, LESS AS MANY THIRTIETHS THEREOF AS THERE WERE DAYS ELAPSED PRIOR TO DATE OF ENTRY: PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY-FIRST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.

SINCE, UNDER THE PROVISIONS OF SAID SECTION, THE THIRTY-FIRST DAY OF A MONTH IS EXCLUDED FROM THE COMPUTATION OF PAY, NO PAY ACCRUES FOR THAT DAY; THEREFORE, FOR SUCH DAY, THERE IS NO "BASE AY" OR PAY "PROVIDED BY LAW" UPON WHICH TO COMPUTE THE PERCENTUM INCREASES AUTHORIZED FOR NAVAL PERSONNEL ASSIGNED TO SEA DUTY OR SUBMARINE DUTY AND, CONSEQUENTLY, THERE CAN BE NO LAWFUL PAYMENT UNDER THE ACTS, SUPRA.

IN 23 COMP. DEC. 793, 794, THERE WERE ENUNCIATED RULES--- CONSISTENTLY FOLLOWED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT--- FOR COMPUTING ANNUAL OR MONTHLY COMPENSATION UNDER THE PROVISIONS OF THE SAID ACT OF 1906 AS FOLLOWS:

1. EACH CALENDAR MONTH SHALL CONSIST OF THIRTY DAYS, AND THE COMPUTATION OF SALARY SHALL BE BY EACH MONTH SEPARATELY, ONE-TWELFTH OF AN ANNUAL SALARY CONSTITUTING THE COMPENSATION FOR EACH MONTH.

2. ONE-THIRTIETH OF A MONTHLY INSTALLMENT OF SALARY IS TO BE ALLOWED FOR EACH DAY OF SERVICE FROM THE FIRST TO THE THIRTIETH, INCLUSIVE. THE LAST DAY OF FEBRUARY COUNTS AS THREE DAYS OF SERVICE FOR PAY PURPOSES (TWO DAYS IN LEAP YEARS).

3. THE THIRTY-FIRST DAY OF A MONTH ENTERS INTO THE COMPUTATION OF SALARY ONLY WHERE THERE IS ONE DAY'S ABSENCE IN A NONPAY STATUS ON THAT DAY--- THAT IS, ABSENCE IN A NONPAY STATUS DID NOT OCCUR ALSO ON THE THIRTIETH. FOR SUCH ABSENCE ON THE THIRTY-FIRST ONE DAY'S PAY IS FORFEITED.

FOR REASONS HEREIN STATED, AND APPLYING THE AFOREMENTIONED RULES TO THE SITUATIONS PRESENTED, THE QUESTIONS ARE ANSWERED AS FOLLOWS:

QUESTION (A), ONE DAY.

QUESTION (B), NO DAYS.

QUESTION (C), THREE DAYS.

QUESTION (D), FOUR DAYS.

QUESTION (E), SIXTEEN DAYS, ASSUMING THAT HE WAS ON DUTY ON THE SUBMARINE JUNE 1.